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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On April 11, 2013, the Plaintiff was subject to an approval of industrial complex planning and a disposition to designate a project developer (hereinafter “instant disposition”) with respect to a project that creates B (hereinafter “instant industrial complex”) on a scale of 459,160 square meters in Haan-gun, Hanam-gun, Seoul, pursuant to Article 15 of the Act on Special Cases Concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes (hereinafter “instant project”).
B. On May 28, 2013, the Defendant notified the Plaintiff of the payment of KRW 219,115,120 as the Cooperation Charge for the Conservation of Ecosystem under Article 46 of the former Natural Environment Conservation Act (Amended by Act No. 15100, Nov. 28, 2017); and on May 28, 2013, the Defendant notified the Plaintiff of the payment of KRW 219,115,120 as the Cooperation Charge for the Conservation of Ecosystem for the Project of this case by July 8, 2013.
However, as the Plaintiff did not pay the Cooperation Charge for the Conservation of Ecosystem, the Defendant urged the Plaintiff to pay the Cooperation Charge for the Conservation of Ecosystem more than five times from July 10, 2013 to November 19, 2014, the amount of KRW 219,115,120 and the additional charges for it, but the Plaintiff did not pay it.
C. On September 13, 2013, based on Article 19 of the former Management of Mountainous Districts Act (amended by Act No. 13256, Mar. 27, 2015) and Article 21 of the Enforcement Decree of the Management of Mountainous Districts Act, the Defendant notified the Plaintiff to pay KRW 207,396,210 to the Plaintiff, but the Defendant urged the Plaintiff to pay the said expenses for the replacement of forest resources as to July 29, 2014 and January 16, 2015 when the Plaintiff did not pay them. However, the Plaintiff did not pay them.
On November 16, 2015, the Defendant informed the Plaintiff that the project period of the instant project expires on December 30, 2015, and notified the Plaintiff of the application for change of the industrial complex plan along with documentary evidence proving the validity of the extension in extenuating circumstances.
(e) this;